FEDERALISM

1. Overview of Federalism

- Concept of Federalism: Federalism is a power-sharing arrangement between a central authority

and various constituent units (states or provinces). It is one of the primary forms of vertical power-
sharing in democracies.

- Scope: Although only 25 out of 193 countries have a federal system, these countries represent 40%
of the world's population. Major federations include the USA, Canada, India, and Germany.

- Purpose: The chapter explores federalism's theory and practice in India, focusing on constitutional
provisions, policies, politics, and local government.

2. What is Federalism?

- Definition: Federalism is a system of government where power is divided between a central

authority and various states or provinces. Each level of government has its own jurisdiction.

- Example: In the USA, federal power is shared between the national and state governments.
Similarly, in India, the Constitution delineates powers between the Union and State governments.

- Comparison: Federalism contrasts with unitary systems where central governments hold all the
power, and sub-units are subordinate.

3. Features of Federalism

- Multiple Levels of Government: Federal systems have at least two levels of government, each with
its own set of powers.

- Jurisdiction: Different tiers govern the same citizens but have jurisdiction over different areas such
as legislation, taxation, and administration.

- Constitutional Guarantee: The existence and powers of each tier are constitutionally guaranteed,
making unilateral changes difficult.

- Constitutional Amendments: Fundamental provisions require consent from all levels of government
for amendments.

- Judicial Role: Courts, especially the highest court, resolve disputes between different government
levels and interpret the Constitution.

- Financial Autonomy: Clear revenue sources are specified for each level to ensure financial
independence.

4. Routes of Federation Formation

- 'Coming Together' Federations: Independent states unite to form a federation. They retain
significant power and equality. Examples include:

- USA: States united to form a stronger federation.

- Switzerland: Cantons joined together with retained autonomy.

- Australia: States federated for common security and benefits.

- 'Holding Together' Federations: A large country divides power between the central government
and states, often resulting in unequal powers among states. Examples include:

- India: States have varying degrees of power based on historical and social contexts.

- Spain: Autonomy granted to different regions.

- Belgium: Shifted from a unitary to a federal system to manage regional diversity.

5. Federalism in India

- Constitutional Basis: India is termed as a "Union of States" rather than a federation, but it operates
on federal principles.

- Power Distribution:

- Union List: Subjects of national importance such as defense, foreign affairs, and currency. Only the
Union government can legislate on these matters.

- State List: Subjects of local importance like police, trade, and agriculture. Only state governments
can legislate on these matters.

- Concurrent List: Subjects of common interest (e.g., education, forests). Both Union and State
governments can legislate, but Union laws prevail in case of conflict.

- Residuary Powers: Subjects not enumerated in the lists fall under Union jurisdiction, especially
those emerging post-Constitution.

6. Special Provisions and Union Territories

- Special Status: Some states like Assam, Nagaland, and Mizoram have special provisions (Article 371)
to address unique social and historical circumstances.

- Union Territories: Regions such as Chandigarh and Delhi have limited autonomy and are
administered directly by the central government.

7. Local Government and Decentralization

- Decentralization: Refers to transferring power from central and state governments to local
governments (Panchayats and Municipalities) for better management and democracy.

- Constitutional Amendment (1992): Major reforms to enhance local governance:

 - Regular Elections: Mandated for local bodies.

- Reservations: Seats reserved for SC/ST and women.

- State Election Commissions: Established to conduct local elections.

- Power and Revenue Sharing: States required to share powers and resources with local bodies.

8. Practice of Federalism in India

- Linguistic States: The creation of states based on linguistic and cultural identities to ensure better
representation and administrative efficiency. Examples include the reorganization of states in 1956.

- Language Policy: No single national language. Hindi is the official language, but English continues
for official purposes, addressing the concerns of non-Hindi speaking regions.

- Centre-State Relations: Evolved with the rise of regional parties and coalition governments.
Increased respect for state autonomy and better power-sharing practices.

9. Challenges in Federalism

- Early Issues: Misuse of central power to undermine state autonomy, frequent dismissal of state
governments by the Centre.

- Current Issues: Inadequate transfer of powers and resources to local governments, irregular
conduct of gram sabhas, and limited real autonomy at the local level.

10. Success Factors

- Constitutional Provisions: Provided a strong legal foundation for federalism.

- Democratic Politics: Ensured that the principles of federalism and respect for diversity are deeply
embedded in the political culture.

---

Revision Data

- Federalism Definition: System of government dividing power between central and state
governments.

- Features: Multiple government levels, distinct jurisdictions, constitutional guarantees, judicial

oversight, financial autonomy.

- Routes of Formation: 'Coming Together' vs. 'Holding Together' federations.

- India's Federal Structure: Union List, State List, Concurrent List, Residuary Powers, Special
Provisions, and Union Territories.
- Local Government: Decentralization reforms, local elections, reservations, and resource sharing.

- Practice and Challenges: Linguistic states, language policy, evolving Centre-State relations, and
challenges in decentralization.

- Success Factors: Legal and political support for federal principles.

This detailed overview should provide a comprehensive understanding of federalism, its application
in India, and key concepts for revision.